Platform to Business Notice for EU and UK Business Users

This Platform to Business Notice (“Notice”) has been created to comply with the Platform to Business Regulation 2019/1150 (“Regulation”). It applies to You only if you are a business established in the European Union or in the United Kingdom and develop content or other applications for distribution through the Oculus digital store to consumers located in the European Union or in the United Kingdom (“Relevant Business User”).

If you are not a Relevant Business User this Notice does not apply to You.

This notice supplements the terms of the Electronic Distribution Agreement between You and Oculus relating to the distribution of apps through the Oculus Digital Store (the “Terms”), to the extent you are a Relevant Business User:

Any capitalized term not defined in this Notice shall have the meaning given to it in the Terms.

• If Oculus makes any amendment, supplement or modification to its Terms, Oculus will provide You with at least fifteen (15) days notice (“Notice Period”) before such changes will come into effect by sending a notification to You via email to the address associated with Your Oculus account or other means acceptable under the Regulation.
• If You do not agree to the change(s) notified to You, You are entitled to terminate Your contractual relationship with Oculus within fifteen (15) days of receiving the notice of the change(s) by contacting Oculus Developer Support https://developer.oculus.com/contact/.
• The Notice Period will not apply to any amendments, supplements or modifications proposed by Oculus that are agreed in writing by You.
• In certain situations, Oculus may not be able to provide You with the Notice Period for amendments, supplements or modifications. These situations include where:
  • Oculus is subject to a legal or regulatory obligation which requires Oculus to change the Terms in a way which does not allow that length of notice period; or
  • Oculus needs to change the Terms to address an unforeseen and imminent danger that puts the Platform, You or any end user at risk from fraud, malware, spam, data breaches or other cybersecurity risks.

• Oculus may remove Your application and/or restrict, suspend or terminate Your developer account if you are in breach the Terms. Whether Oculus decides to temporarily or permanently remove Your application or other content and/or to restrict, suspend or terminate Your account will be assessed on a case-by-case basis taking into account various considerations including previous behaviour, the nature of the breach and Your willingness to co-operate and take steps to be compliant.
• Examples of instances in which Oculus may suspend or restrict access to our services include non-compliance with the Oculus Policies.
• Examples of instances in which Oculus may terminate access to our services include if You fail to provide the IP rights necessary for distribution of Your application on our Platform, or if You upload malicious code to our systems.
• If Oculus restricts or suspends Your application or account, Oculus will provide you with an explanation of the reasons for taking such action either on or before the date on which the restriction or suspension becomes effective.
• Oculus may terminate the Terms and Your Oculus account with at least thirty (30) days’ prior written notice if you are in breach of the Terms. Oculus may terminate the Terms and Your Oculus account without thirty (30) days’ notice, where:
  • Oculus is subject to a legal or regulatory obligation which requires it to terminate in a manner that does not allow it to provide 30 day’s prior written notice;
  • Oculus exercises a right of termination under an imperative reason pursuant to national law; or
  • Oculus can demonstrate that You are in repeated breach of the Terms.
• If Oculus terminates the Terms and Your Oculus account, Oculus will provide You with an explanation of the reasons for taking such action. The explanation of reasons will be provided to You at the time notice is given save in the following circumstances where no explanation of reasons will be given:
  • where Oculus is subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds; or
  • where Oculus can demonstrate that You are in repeated breach of the Terms.

• Oculus does not offer paid-for ranking options on its digital store.
• Oculus generally feature apps in its digital store based on proprietary algorithms, however in certain instances Oculus may curate how apps are displayed in its digital store in order to provide end users with the most compelling content. In certain parts of its digital store where Oculus indicates that apps are displayed based on a particular input (i.e., an app marked as a certain category will be placed in that category) or metric (i.e., a category of apps displayed as “Highest User Ratings”) will be ranked based solely on that input and will not be subject to curation.

• Some apps may be pre-loaded onto Oculus hardware, and some Relevant Business Users may have additional access to prototype or pre-release tools or services, or be permitted to early access hardware or software features.
• When there are hardware pre-load or other early access opportunities for third party apps, Oculus will reach out to the applicable Relevant Business Users directly.
• Provided end user safety and the security of end user data is not compromised, most features will be rolled out to all Relevant Business Users via Oculus SDKs, hardware updates or releases, or other means.

User data

• Oculus’s collection and use of user data is described in the Oculus Privacy Policy https://www.oculus.com/legal/privacy-policy/.

Data Oculus collects from You

• Most of the information You provide in setting up Your developer organization can be viewed and modified in Your developer dashboard.
• Additionally, Oculus may collect and store business data You provide to Oculus (such as company, name, phone number, email address, mailing address and the like) in the Oculus internal database. Oculus stores this information so that Oculus can reach out to You to share information about upcoming releases, learn about Your products, and from time to time to explore funding opportunities.
• Oculus also collects aggregate usage statistics regarding Your app(s) that are published through the Oculus digital store.
• If You want to change something that is not editable via the developer dashboard, please contact developer support for assistance https://developer.oculus.com/contact.
• If You need assistance in accessing or deleting Your data, please contact developer support https://developer.oculus.com/contact.
• Please note that certain dashboard data cannot be deleted without removal of Your application from the Oculus services and deletion of Your developer organization.
• You cannot access data from Oculus or from Your dashboard once Your developer organization has been terminated.

Data Oculus shares with third parties

• Oculus does not share statistics or data regarding Your app with third parties. Oculus may aggregate app data in various ways to analyze its business and share publicly, however, such aggregated statistics will not be shared in such a way that You or Your app can be identified. You do not have an option to opt out of this use.

Data Oculus makes available to You

• The data Oculus makes available to You will depend on the API or SDK You choose to integrate into Your app(s). You can find further information in the relevant documentation.
• Oculus also makes available certain aggregate usage statistics to You in Your developer dashboard regarding Your app(s) that are published through the Oculus digital store.
• Oculus does not make available information about the performance of individual apps of other developers or the usage thereof.

Data Oculus retains after termination

• Oculus may retain Relevant Business Users’ data provided for the developer organization until such developer org is deleted. Oculus may archive deleted developer organization information to provide any additional payments due to Relevant Business Users, or to fulfill any contractual obligations of Oculus for so long as such obligations are ongoing. Additionally, Oculus may store contact information for business users in our internal database for future outreach. If You would like Oculus to delete any data stored in its internal database, please contact Your developer account manager or developer support team.

• If you have a complaint about Oculus’s compliance with the Regulation or your account, you may submit a request for further information here: https://www.facebook.com/help/oculus/contact/3000932963366913/
• For technical support, please contact developer support for assistance https://developer.oculus.com/contact.
• Oculus will provide you with a response to your request within a reasonable time.
• Aggregated information about the type of requests submitted to the Oculus complaint handling system and how they have been resolved will be made available on an annual basis.

From July 2020 through June 2021, we received zero inquiries via the complaint handling system for business users of Oculus in the EU and UK that was established pursuant to requirements of the Regulation. The complaint handling system enables business users to make inquiries about an action that Oculus has taken against a user’s account within the following topics that are set out in the Regulation: Non-compliance, Technological Issue, and Other Platform Conduct.

• If Oculus is not able to resolve Your complaint through the Oculus complaint handling system, You may refer the issue to our appointed mediators. Please check back here to obtain updated information about our mediators.